Parking, Common Areas, and By-Laws
Are statues or branding (like society name on entrance) considered common property needing consent?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, statues or branding like the society name on the entrance are considered common property and typically require consent as per the Gujarat Cooperative Societies Act, 1961 and Rules.
Detailed Explanation
Rule 108 of the Gujarat Cooperative Societies Rules, 1965 governs the management of common property in cooperative societies. This rule states that any alterations or additions to the common property, including statues or branding like the society name on the entrance, require the consent of the general body meeting of the society. This means that any changes or installations affecting the common areas of the society need approval from the members.
In practice, this rule ensures that decisions regarding common property are made collectively by the members of the cooperative society. It prevents unilateral actions that could impact the shared spaces of the society without the agreement of the residents. For example, if a society member wishes to install a statue at the entrance with the society's name, they must first seek approval from the general body meeting to ensure consensus among all members.
Real-world scenarios often involve disputes arising from unauthorized modifications to common areas without proper consent. By requiring consent for alterations to common property, the Act and Rules aim to maintain harmony and shared decision-making within cooperative societies. This process helps in fostering a sense of community and shared responsibility among the members.
In practical terms, the step-by-step process for obtaining consent for alterations to common property involves proposing the change during a general body meeting, discussing the proposal with all members, and obtaining a formal approval through a resolution passed by the majority. This ensures transparency and accountability in managing common areas within the cooperative society.
Examples:
Scenario 1: A society member wants to install a statue at the entrance with the society's name. They must present the proposal at a general body meeting for discussion and approval as per Rule 108 of the Gujarat Cooperative Societies Rules, 1965.
Scenario 2: Without seeking consent, a member unilaterally installs a branding sign on the common property. Other members raise objections, citing the requirement for consent under the Act and Rules.
References
Gujarat Cooperative Societies Act, 1961: https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Act1961.pdf
Gujarat Cooperative Societies Rules, 1965: https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Rules1965.pdf
Related to Parking, Common Areas, and By-Laws